PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            22 March 2000     
	DOCKET NUMBER:   AR1999030311

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his military records to show award of the Purple Heart.

3.  The applicant states, in effect, that his personnel records do not include an award of the Purple Heart; however, his medical records indicate that he sustained a ruptured eardrum from an explosive rocket in Vietnam on 18 March 1971.  In support of his application, he submits numerous copies of his service medical records. 

4.  The applicant’s military records show that he enlisted on 10 March 1966 for a period of 4 years.  He trained as a truck vehicle mechanic, served in Germany and was honorably discharged on 10 August 1970.  He reenlisted on 11 August 1970, served in Vietnam from 31 October 1970 through 29 March 1971 and was honorably discharged on 6 August 1973. 

5.  The applicant’s DD Form 214 with an effective date of 6 August 1973, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  

6.  The applicant provided a copy of DA Form 8-275-3 (Clinical Record Cover Sheet), dated 18 March 1971, which shows he was wounded by incoming artillery and sustained perforated eardrums and a fragment wound to his right arm in Vietnam on 18 March 1971.  Clinical records also show he sustained abrasions to his face as a result of the artillery.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  Medical evidence of record shows the applicant was wounded as a result of hostile action on 18 March 1971 in Vietnam.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his military records to show this award.  

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart.

BOARD VOTE:  

JMA___  TSK_____  AAO_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		James M. Alward_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999030311	
SUFFIX		
RECON		
DATE BOARDED	20000322	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19730806	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Early separation of overseas returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.